KHATRA (Migration)

This matter concerned an application for Aged Parent (Residence) (Class BP) visas, subclass 804, by two applicants. The primary dispute before the Tribunal was whether the second named applicant, who was a dependent child of the primary visa applicant, met the health requirements stipulated by the Migration Regulations.

The central legal issue before the Tribunal was the application of Public Interest Criterion (PIC) 4005 to the second named applicant. Specifically, the Tribunal was required to determine if the second named applicant had satisfied the health requirements as mandated by this criterion.

The Tribunal's reasoning was straightforward: as the second named applicant had demonstrably failed to meet the requirements of PIC 4005, the Tribunal was bound to affirm the decision under review. The Tribunal therefore affirmed the decision not to grant the applicants the Aged Parent (Residence) (Class BP) visas.